CTHIn ForceAct
Airports Act 1996
216Air traffic services, and aerodrome rescue and fire fighting services, not to be provided without approval
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#### 216 Air traffic services, and aerodrome rescue and fire fighting services, not to be provided without approval
(1) An airport‑lessee company for an airport must not:
(a) provide either of the following services in relation to the airport:
(i) the operation and/or maintenance of air traffic control and/or navigation technical facilities;
(ii) aerodrome rescue and fire fighting services; or
(b) cause or permit either of the following services to be provided in relation to the airport:
(i) the operation and/or maintenance of air traffic control and/or navigation technical facilities;
(ii) aerodrome rescue and fire fighting services;
unless the services are provided by:
(c) a person approved or licensed, by the Civil Aviation Safety Authority under regulations made under section 98 of the Civil Aviation Act 1988, to provide the services; or
(d) the Australian Defence Force.
(2) A company commits an offence if:
(a) the company is subject to a requirement under subsection (1); and
(b) the company engages in conduct; and
(c) the company’s conduct contravenes the requirement.
Penalty: 250 penalty units.
> Note: A defendant bears an evidential burden in relation to the matters in paragraphs (1)(c) and (d) (see subsection 13.3(3) of the Criminal Code).
(2A) Strict liability applies to paragraph (2)(a).
> Note: For strict liability, see section 6.1 of the Criminal Code.